There was no error in the judgment of the court below sustaining the exception to the plea of non-joinder of parties, interposed by the defendant, Chapman. Although Simms, and Close and Cushman might have made themselves parties to the suit, and asserted their respective rights, if they had any, yet they were not necessary parties, and their rights are in no respect affected by the judgment in this cause.

The judgment of the court below is affirmed.

Judgment affirmed.